The following terms and conditions apply to all sales by Budget Food Trailers and applies Manufacturing except to the extent that it agrees otherwise

1. Definitions:
   Seller: Budget Food Trailers
   Buyer: Any party who enters into a contract with Seller by which Seller agrees to produce or assemble goods for Buyer.
2. Price: The price stated in Seller’s quotation, unless Seller otherwise agrees in writing. Shipment: Unless otherwise expressly stated herein, the goods shall be shipped f.o.b. Seller’s facility. Title and risk of loss shall pass to Buyer upon delivery to the carrier. Unless otherwise directed by Buyer before the date of shipment, Seller may select any reasonable method of shipment. Buyer is encouraged to source on insurance cover once product is ready for collection.
3. Delay: Force Majeure. Delivery dates are approximate, dating from the receipt of all engineering and manufacturing information, and Seller shall have no liability to Buyer for Seller’s delay or default in delivery due to strikes, secondary boycotts, riots, wars, accidents, fires, floods,explosions, vandalism, government embargoes, priorities or regulations, transportation delays, shortage of labour, fuel, materials, supplies, power transportation facilities or tooling capacity or other similar causes beyond Seller’s reasonable control. Under no circumstances shall Seller have any liability for penalties or other consequential damages of any kind resulting in whole or part from Seller’s delay in delivering or failure to deliver any products to Buyer as agreed. The seller must take all reasonable steps to ensure dates for delivery are met.
4. Re-work and Add-ons: While every effort is made to ensure that the best price is quoted, sometimes there are unforseen events, circumstances that can affect the quoted price. Budget Food Trailers reserves the right to adjust the final price fairly should this occur. Any work that is not part of or included in the quote that is deemed necessary to be carried out is subject to an additional charge at the nominal rate of $88ph plus parts Upon discovery of any works and/or changes deemed to be classed as re-work Budget Food Trailers will contact the customer to notify them of any additional charges. Any requested work not included in the quote is classed as an add-on and subject to additional charge to be added to the final invoice.
5. Photos: Budget Food Trailers may take photos, videos, media made on or of the services/products provided to use for advertising anddocumentation purposes. Efforts will be made to ensure the clients privacy is maintained such as covering number plates. If you wishto not have any photos taken please advise us at the start of the job.
6. Payment: Unless otherwise agreed, payment terms shall be the following.
   • Deposit The seller required 75% of the manufacturing cost to be paid as a deposit amount. “manufacturing cost” means the construction and any special build requirement for the trailer to be completed to allow the next stage of the manufacturing to take place. This can be but not limited to the value of all fabrication, electrical, gas installation. The seller will advise the amount for the deposit. Seller will not start the project until deposit is received.
   • Equipment Purchase The Seller will require further payment to the value of the agreed prices stated on the invoice for equipment purchase. This payment may include fitting costs. The seller will not install Equipment without the advanced payment cleared.
   • Final Payment The seller requires final payment before the product leaves the sellers location. The buyer is encouraged to inspect the goods or request photo evidence of the product before final payment is made.
7. Warranty:
   • Seller warrants that all goods manufactured by Seller will be free from defects in materials and workmanship under normal operating conditions for a period not to exceed 12 months.
     The warranty set forth above is inapplicable to and excludes any defect, damage, or malfunction resulting from (i) normal wear and tear, erosion, corrosion, (ii) misuse, negligence, or modification of the goods or any component by Buyer or its representative, (iii) repair service provided by third parties, (iv) failure by Buyer to follow installation or operating manuals or instructions, (v) failure of parts or components or services not provided by Seller, or (vi) any other cause outside Seller’s reasonable control. This warranty will be voided by installation of unauthorized components into Seller’s products.
   • Replacement products may be refurbished or contain refurbished materials. If Seller, in its sole discretion, is unable to repair or replace the defective goods, it will refund the purchase price of the goods. Proof of date of delivery of the returned goods is required.
   • THE WARRANTIES AND REMEDIES STATED ABOVE BY SELLER ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR WRITTEN, EXPRESS OR IMPLIED. ANY AND ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS ARE EXPRESSLY EXCLUDED.
8. Liability: The remedies set forth in these terms and conditions are exclusive, and Seller’s liability under this contract shall in no event extend to indirect, punitive, incidental or consequential damages which Buyer may suffer or incur in connection with the contract between Buyer and Seller, including, but not limited to loss of profits, damages or losses resulting from Buyer’s inability to fulfil contracts with third parties or loss of damages or losses resulting from Buyer’s inability to fulfil contracts with third parties or loss of goodwill. Seller’s liability under the contract between Buyer and Seller under any theory of law shall in no event exceed the purchase price of the goods in question.
9. Cancelations / Returns: No order may be cancelled, delivery date changed nor any goods returned to Seller without Seller’s express written consent. If cancellation is to occur. Cancellation of any manufacturing must be in writing by the buyer to the seller. The seller will advise within 14 days what percentage of the deposit the buyer will receive in return for cancellation. The seller has the right to cover the costs associated with administration and changes to the manufacturing to be able to sell or use the current build to sell to a new buyer.
10. Assignment: Without the express written consent of the other party, neither party may assign any of its rights or obligations in connection with the sale of the goods.
11. Changes, Modification, Waiver: No change in specifications, drawings or delivery for the goods may be made without the prior written consent of Seller. These terms may be modified only in writing signed by an authorized representative of the Seller. Seller’s waiver of Buyer’s default under any term or condition shall not constitute a waiver of any further defaults. Seller reserves the right of Buyer cost adjustment when initial production of Buyer product represents a production alteration versus original quotation with Buyer/Seller confirmation of necessary change. Any manufacturing changes will come at a cost. The seller will always handle with care and consideration if changes have to occur.
12. Storage Fees: If Buyer does not take delivery by the date which Buyer requested, then Seller may impose a charge equal to 1.5% of the purchase price for each month after such date until Buyer takes delivery.
13. Governing Law: The contract between Seller and Buyer shall be governed by the laws of Australia Entire Agreement: The contract between Buyer and Seller, including these terms and conditions, constitutes the entire agreement between the parties with respect to its subject matter, and any prior contemporaneous communications or agreements other than any pre-existing blanket sales agreement are hereby superseded. The contract may not be terminated or modified by any party unless in writing, signed by both Seller and Buyer.
14. Acceptance: by signing both parties agree to the terms and conditions stated, agreeing to the terms and conditions, floor plans approved and also final invoice provided. ACCEPTANCE TO THESE TERMS AND CONDITIONS IS ALSO WHEN A DEPOSIT HAS BEEN RECEIPTED INTO THE NOMINATED BANK ACCOUNT.